NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Hodgson v Besters [2018] NSWSC 21 Hearing dates: 8, 9, 10 May 2017 Decision date: 30 January 2018 Jurisdiction: Common Law Before: McCallum J Decision: Order made pursuant to s 7(1)(a) of the Contracts Review Act refusing to enforce the loan agreement dated 3 May 2005 Catchwords: CONTRACTS – loan agreement for vendor finance on sale of combined commercial and residential property – commercial premises occupied by accounting business owned by vendor which employed purchaser – where vendor proposed that purchaser buy the property as part of vendor's business succession plan which would also involve his selling the business to the purchaser – purchase of land completed with no legal entitlement to buy the business – excessive purchase price – purchaser's employment later terminated – whether vendor loan agreement unjust
TRADE PRACTICES – sale of commercial and residential property – commercial premises occupied by accounting business owned by vendor which employed purchaser – where vendor represented that he would sell the accounting business to the purchaser – whether vendor engaged in misleading or deceptive conduct Legislation Cited: Australian Consumer Law, ss 18, 236, 237 Contracts Review Act 1980 (NSW), ss 6, 7, 9 Conveyancing Act 1919 (NSW), s 12 Fair Trading Act 1987 (NSW), ss 42, 72 Limitations Act 1969 (NSW) Superannuation Industry (Supervision) Act 1993 (Cth) Trade Practices Act 1974 (Cth), ss 52, 68, 82, 87 Cases Cited: Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 443; [1983] HCA 14 Fast Fix Loans Pty Ltd v Samardzic [2011] NSWCA 260 Ford by his Tutor Beatrice Ann Watkinson v Perpetual Trustees Victoria Limited (2009) 75 NSWLR 42; [2009] NSWCA 186 Gray v Latter [2014] NSWSC 122 Provident Capital Ltd v Papa (2013) 84 NSWLR 231; [2013] NSWCA 36 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Ian Robert Hodgson (first plaintiff) Marika Hodgson (second plaintiff) Tracey Anne Besters (first defendant) Jason Besters (second defendant) Representation: Counsel: S Clemmett (plaintiffs) Defendants self-represented
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